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Statutory Instruments

2010 No. 992

Customs

Intellectual Property

The Goods Infringing Intellectual Property Rights (Customs) (Amendment) (No. 2) Regulations 2010

Made

25th March 2010

Laid before Parliament

26th March 2010

Coming into force

16th April 2010

The Commissioners for Her Majesty’s Revenue and Customs( 1 ) make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 2 ).

The Commissioners have been designated( 3 ) for the purposes of section 2(2) in relation to counterfeit and pirated goods, goods infringing a patent, goods infringing a supplementary protection certificate, goods infringing plant breeders’ rights, designations of origin, geographical indications and geographical designations, and goods infringing Community plant variety rights.

Citation and commencement

1. These Regulations may be cited as the Goods Infringing Intellectual Property Rights (Customs) (Amendment) (No. 2) Regulations 2010 and come into force on 16th April 2010.

Amendment of the Goods Infringing Intellectual Property Rights (Customs) Regulations 2004

2.The Goods Infringing Intellectual Property Rights (Customs) Regulations 2004( 4 ) are amended as follows.

3. In regulation 2(1), omit the definitions of—

(a) Community design”;

(b) Community plant variety right”;

(c) design right”;

(d) designation of origin”;

(e) “European patent (UK)”;

(f) geographical designation”;

(g) geographical indication”;

(h) patent”;

(i) plant breeders’ right”;

(j) registered design”; and

(k) supplementary protection certificate”.

4. In regulation 2(3), for “Article 2(3)”, substitute “Article 2” and, for “Article 3(1)”, substitute “Article 3”.

5. Omit regulations 4 and 6.

6. In regulation 7(1)( 5 )—

(a) for “regulation 4(1)(c)”, substitute “Article 9 of the Council Regulation”; and

(b) in paragraph (a), insert “be” between “may” and “destroyed”.

7. In regulation 7(5), for “regulation 4(1)(b)”, substitute “Article 9 of the Council Regulation”.

Dave Hartnett

Melanie Dawes

Two of the Commissioners for Her Majesty’s Revenue and Customs

25th March 2010

( 1 )

The functions of the Commissioners of Customs and Excise were transferred to the Commissioners for Her Majesty’s Revenue and Customs by section 5 of the Commissioners for Revenue and Customs Act 2005 (c. 11) . Section 50(1) of that Act provides that a reference to the Commissioners of Customs and Excise shall be taken as a reference to the Commissioners for Her Majesty’s Revenue and Customs.

( 2 )

1972 c. 68 . Section 2(2) has been amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of the European Union (Amendment) Act 2008 (c. 7) .

( 3 )

S.I. 1995/751 (in relation to counterfeit and pirated goods), S.I. 1999/654 (in relation to goods infringing a patent and goods infringing a supplementary protection certificate), and S.I. 2004/706 (in relation to goods infringing plant breeders’ rights, designations of origin, geographical indications and geographical designations, and goods infringing Community plant variety rights).

( 5 )

Regulation 7 was substituted by S.I. 2010/324 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Goods Infringing Intellectual Property Rights (Customs) (Amendment) (No. 2) Regulations 2010 (2010/992)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
Community designreg. 2.Community__rt4CqPl
Community plant variety rightreg. 2.Community__rtMRxlr
design rightreg. 2.design_rig_rtBvJPP
designation of originreg. 2.designatio_rtgZM6f
geographical designationreg. 2.geographic_rtQBxZ7
geographical indicationreg. 2.geographic_rtwb5w6
patentreg. 2.patent_rtqmkXG
plant breedersreg. 2.plant_bree_rtmIzft
registered designreg. 2.registered_rtuP8zR
supplementary protection certificatereg. 2.supplement_rtZtnhn

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.